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This might be a silly question but.........

Started by Darryl, Nov 15, 2006, 10:16:38 AM

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Darryl

 Trying to settle affairs on college support (tuition) owed CP in Missouri. I am ready and willing to pay in full within 2 weeks.

 CP has attorney, no motions currently filed (just 'nasty' letters), but they are threatening to go after an interest judgment (if I don't agree to pay more than I owe), which would require a judgment on amount owed (we have thus far 'agreed' to amount due and owing but no court has ordered or adjudged amount due).

 'CHILD' is emancipated.

  I found out that ex'es atty is a municipal judge for the city in which the judicial circuit court is located.

1. Can her attorney, being a judge, represent her in the circuit court if they choose to file a motion?

2. Would her atty have some preference or 'pull' in that circuit court being that said atty is a judge in the same town?

3. If either 1 or 2 are 'yes', can I do anything to disqualify or move case elsewhere?

socrateaser

> Trying to settle affairs on college support (tuition) owed
>CP in Missouri. I am ready and willing to pay in full within 2
>weeks.
>
> CP has attorney, no motions currently filed (just 'nasty'
>letters), but they are threatening to go after an interest
>judgment (if I don't agree to pay more than I owe), which
>would require a judgment on amount owed (we have thus far
>'agreed' to amount due and owing but no court has ordered or
>adjudged amount due).
>
> 'CHILD' is emancipated.
>
>  I found out that ex'es atty is a municipal judge for the
>city in which the judicial circuit court is located.
>
>1. Can her attorney, being a judge, represent her in the
>circuit court if they choose to file a motion?

You can challenge the attorney's representation of your opponent, but you'll need some substantive proof of bias against you by the circuit court judge, that would not be present but for the muni court judge's appearance as opposing counsel.

Seems pretty thin to me.

>
>2. Would her atty have some preference or 'pull' in that
>circuit court being that said atty is a judge in the same
>town?

Anything's possible, but that don't count. You must prove some bias or undue influence on thye circuit court's part.

>3. If either 1 or 2 are 'yes', can I do anything to disqualify
>or move case elsewhere?

You move to disqualify, and the circuit judge will decide if your motion has merit. If it doesn't, you will have a hostile judge, so I'd be real careful about you're trying to disqualify the judge.

Darryl

 Trying to settle affairs on college support (tuition) owed CP in Missouri. I am ready and willing to pay in full within 2 weeks.

 CP has attorney, no motions currently filed (just 'nasty' letters), but they are threatening to go after an interest judgment (if I don't agree to pay more than I owe), which would require a judgment on amount owed (we have thus far 'agreed' to amount due and owing but no court has ordered or adjudged amount due).

 'CHILD' is emancipated.

  I found out that ex'es atty is a municipal judge for the city in which the judicial circuit court is located.

1. Can her attorney, being a judge, represent her in the circuit court if they choose to file a motion?

2. Would her atty have some preference or 'pull' in that circuit court being that said atty is a judge in the same town?

3. If either 1 or 2 are 'yes', can I do anything to disqualify or move case elsewhere?

socrateaser

> Trying to settle affairs on college support (tuition) owed
>CP in Missouri. I am ready and willing to pay in full within 2
>weeks.
>
> CP has attorney, no motions currently filed (just 'nasty'
>letters), but they are threatening to go after an interest
>judgment (if I don't agree to pay more than I owe), which
>would require a judgment on amount owed (we have thus far
>'agreed' to amount due and owing but no court has ordered or
>adjudged amount due).
>
> 'CHILD' is emancipated.
>
>  I found out that ex'es atty is a municipal judge for the
>city in which the judicial circuit court is located.
>
>1. Can her attorney, being a judge, represent her in the
>circuit court if they choose to file a motion?

You can challenge the attorney's representation of your opponent, but you'll need some substantive proof of bias against you by the circuit court judge, that would not be present but for the muni court judge's appearance as opposing counsel.

Seems pretty thin to me.

>
>2. Would her atty have some preference or 'pull' in that
>circuit court being that said atty is a judge in the same
>town?

Anything's possible, but that don't count. You must prove some bias or undue influence on thye circuit court's part.

>3. If either 1 or 2 are 'yes', can I do anything to disqualify
>or move case elsewhere?

You move to disqualify, and the circuit judge will decide if your motion has merit. If it doesn't, you will have a hostile judge, so I'd be real careful about you're trying to disqualify the judge.